Neutral Citation No. - 2025:AHC:49916 Court No. - 5 Case :- WRIT - A No. - 6419 of 2022 Petitioner :- Rajendra Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anshu Chaudhary Counsel for Respondent :- C.S.C.,Ram Prasad Dubey Hon'ble Ajay Bhanot,J. Heard Shri Anshu Chaudhary, learned counsel for the petitioner, Shri Ram Prasad Dubey, learned counsel for the respondent nos. 2, 3, 4 and learned Standing Counsel for the State. The petitioner superannuated from service on 30.07.2020. By the impugned order dated 03.07.2021 the salary of the petitioner has been refixed. By means of the impugned order dated 06.01.2022, the excess amount paid to the petitioner has been recovered. Both the impugned orders were passed after the superannuation of the petitioner. Admittedly, in the facts of this case there is no misrepresentation on part of the petitioner which led to the wrong fixation of the salary. The wrong fixation of salary was made on account of an error on part of the respondents. Insofar as the order dated 06.01.2022 directing the recovery of the excess salary paid to the petitioner is concerned, the same is in the teeth of the law laid down by the Supreme Court in State of Punjab vs. Rafiq Masih reported at 2015 (4) SCC 334. The impugned order dated 06.01.2022 directing the recovery of the excess salary paid to the petitioner is liable to the set aside and is set aside. The amount recovered from the petitioner shall be reimbursed to him within a period of three months. The refixation of the salary of the petitioner by order dated 03.07.2021 is consistent with the government orders and other provisions of law holding the field. No illegality in the aforesaid order could be pointed out. The petitioner shall be paid his salary and other benefits as per the salary which has been fixed by the order dated 03.07.2021. There is no cause to interfere in the aforesaid order. The writ petition is partly allowed. Order Date :- 7.4.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad